Mohd. Naved Saifi S/O Shahid Nadim And 2 Others v. State Of Maharashtra Thr. Pso Ps Pachpaoli, Dist. Nagpur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO.147 OF 2021

1. Mohd. Naved Saifi s/o. Shahid Nadim, Aged about 24 years, Occ. - Nil, Plot No.778, Saifi Nagar, Mominpura, Nagpur.

(Org. Complainant)/ (Injured in incident),

2. Shabazkhan s/o. Kuddus Khan, Aged about 22 years, Occ.- Nil, In front of Asha Kirana Stores, Bhaldarpura, Gandhibag, Nagpur, (Victim/ Injured in incident),

3. Jaspreetsingh s/o. Gurdeepsingh Tuli, Aged about 22 years, Occ.- Student, R/o. Plot No.1111, Buddh Nagar, Nagpur.

(Accused No.5) (At Present in Nagpur Central Prison)....APPLICANTS // VERSUS // State of Maharashtra, Through P. S.O., Pachpaoli, P. S., District - Nagpur.

.... NON-APPLICANT Shri Eeshan Sahastrubuddhe, Advocate for the applicants. Shri S.D. Sirpurkar, A.P.P. for the non-applicant/State. _________________________________________________________________________________________________________________________________ CORAM : Z. A. HAQ AND AMIT B. BORKAR, JJ.

DATE : 02.02.2021.

ORAL JUDGMENT : [PER: Z. A. HAQ, J.] 1.

Heard.

2.

Rule. Rule made returnable forthwith.

3.

The accused (applicant No.3), the Informant (applicant No.1) and the Victim (applicant No.2) have jointly filed this application under Section 482 of the Code of Criminal Procedure praying that the First Information Report No.512 of 2020 registered against the applicant No.3 for the offences punishable under Sections 147, 148, 149, 307, 323 and 504 of the Indian Penal Code be quashed.

4.

According to the applicants, the matter is amicably worked out and the applicant No.1-Informant does not has any grievance against the applicant No.3. The criminal application is supported by the affidavit of the applicant No.1-Informant and the applicant no.2-Victim.

5.

As informed, the investigation is at initial stage and charge-sheet is not yet filed. As the Informant and the Victim are not interested in prosecuting the applicant No.3 (accused No.5), in our view, no fruitful purpose would be served by keeping the criminal proceedings against the applicant No.3 (accused No.5) pending.

6.

Hence, the following order :- i] First Information Report No. 512 of 2020 registered against the applicant No.3 (accused No.5) - Jaspreetsingh

Gurdeepsingh Tuli with the non-applicant - Police Station for the offences punishable under Sections 147, 148, 149, 307, 323 and 504 of the Indian Penal Code is quashed.

ii] The investigation in the matter against the other accused shall go on as per law.

7.

Rule is made absolute accordingly.

Criminal Application (APPP) No.140/2021.

In view of disposal of Criminal Application (APL) No.147 of 2021, this application for grant of time to file legible copy of the First Information Report does not survive. Hence, it is disposed accordingly.

JUDGE JUDGE RGurnule